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2026 DAILYLAW 11499 (ALL)

LAKHAN v. STATE OF U.P.

BAIL/33769/2026 · 2026-09-28

Jai Prakash Tiwari

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33769 of 2026 Court No. - 70 HON'BLE JAI PRAKASH TIWARI, J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. The applicant is involved in Case Crime No. 57 of 2026, under Sections 318(4), 338, 336(3), 340(2), 61(2), 308(2), 351(2) BNS, Police Station - Highway District - Mathura. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. It is next submitted that the dispute is purely of civil nature but it has been given a criminal colour. It is further submitted that Mr. Suresh Baba, the owner of the alleged land, executed the sale deed in favour of the father of the co- accused for valuable sale consideration. The applicant has criminal history one case, which has been explained in paragraph 25 of the instant bail application. Co-accused of the applicant namely Rambharosi has already enlarged on bail by this Court vide order dated 3.8.2026 passed in Criminal Misc. Bail Application No. 10467 of 2026. The applicant is in jail since 25.6.2026. Therefore, the applicant is entitled for bail. Learned counsel for the applicant has further submitted that if the applicant is released on bail, the applicant would not misuse liberty of bail and is ready to co-operate in the trial. Learned A.G.A. has opposed the prayer for bail but he has not disputed the above contention made by the learned counsel for the accused- applicant. Versus Counsel for Applicant(s) : Hemant Sharma Counsel for Opposite Party(s) : Devesh Kumar Sharma, G.A. Lakhan .....Applicant(s) State of U.P. .....Opposite Party(s) Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Accordingly, the bail application is allowed. Let applicant - Lakhan be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions, which are being imposed in the interest of justice:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 29, 2026 Brijesh BAIL No. 33769 of 2026 2 (Jai Prakash Tiwari,J.) Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad